MHAC Priority Legislation

MHAC Position: Support

Author: Cortese

Date: 04/22/2024

This bill would require a health care service plan and a disability insurer, and an entity acting on a plan’s or insurer’s behalf, to ensure compliance with specific requirements for utilization review, including maintaining telephone access during California business hours for a health care provider to request authorization for mental health and substance use disorder care and conducting peer-to-peer discussions regarding specific patient issues related to treatment. Because a willful violation of these provisions by a health care service plan would be a crime, the bill would impose a state-mandated local program.

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MHAC Position: Oppose

Author: Jones

Date: 04/22/2024

This bill would prohibit a person from sitting, lying, sleeping, or storing, using, maintaining, or placing personal property upon a street or sidewalk if a homeless shelter, as defined, is available to the person. The bill would also prohibit sitting, lying, sleeping, or storing, using, maintaining, or placing personal property within 500 feet of a public or private school, open space, or major transit stop, as specified. The bill would specify that a violation of this prohibition is a public nuisance that can be abated and prevented, as specified. The bill would also provide that a violation of the prohibition may be charged as a misdemeanor or an infraction, at the discretion of the prosecutor. The bill would prohibit a person from being found in violation of the bill’s provisions unless provided notice, at least 72 hours before commencement of any enforcement action, as specified. By imposing criminal penalties for a violation of these provisions, this bill would impose a state-mandated local program.

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MHAC Position: Watch

Author: Wiener

Date: 04/26/2024

(1) Existing law provides for the regulation of various professions and vocations by boards established under the jurisdiction of the Department of Consumer Affairs. Existing law, the California Uniform Controlled Substances Act, classifies controlled substances into 5 schedules, and places the greatest restrictions and penalties on the use of those substances placed in Schedule I. Existing law classifies dimethyltryptamine, mescaline, 3,4-methylenedioxymethamphetamine (MDMA), ibogaine, psilocybin, and psilocyn as Schedule I substances, and prohibits various actions related to those substances, including their sale, possession, transportation, manufacture, or cultivation.(2) This bill would enact the Regulated Psychedelic-assisted Therapy Act, which would establish the Board of Regulated Psychedelic Facilitators in the Department of Consumer Affairs to license and regulate psychedelic-assisted therapy facilitators, as defined. The bill would require the board to be appointed, as specified, by April 1, 2025. The bill would require the board to establish education, training, and other qualifications and requirements for obtaining a license as a regulated psychedelic-assisted therapy facilitator and would establish conditions of licensure. The bill would require the board to establish license fees for the reasonable regulatory costs to the board to administer the act. The bill would require the board to begin accepting license applications by April 1, 2026. The bill would make a license subject to renewal every 2 years. The bill would create the Regulated Psychedelic-assisted Therapy Fund in the State Treasury, would require all funds received pursuant to the act to be credited to the fund, and would make moneys in the fund available to the board for the act’s purposes upon appropriation by the Legislature. The bill would require the board, in consultation with the Regulated Psychedelic Substances Advisory Committee, which would be created by the bill, to adopt regulations, on or before January 1, 2026, governing the safe provision of regulated psychedelic-assisted therapy, including regulations governing the scope of practice for regulated psychedelic-assisted therapy facilitators and recordkeeping requirements, provided the recordkeeping does not result in the disclosure of personally identifiable information of participants. The bill would require the board to determine which schools and programs meet the requirements of the act and to adopt regulations governing the requirements and process for approving schools and programs related to the provision of regulated psychedelic-assisted therapy. The bill would authorize the board to charge a reasonable fee for the inspection or approval of schools or programs. The bill would make a violation of the act a misdemeanor and subject a licenseholder’s license to suspension for 3 years and a $1,000 fine. The bill would make a violation of specified acts subject to discipline by the board in accordance with specified procedures. By creating a new crime, the bill would impose a state-mandated local program. The bill would make specified practices unfair business practices, including a person without a license holding themselves out as a licensed psychedelic-assisted therapy facilitator. The bill would prohibit a local government from enacting or enforcing an ordinance that conflicts with the act.(3) This bill would enact the Regulated Psychedelic Substances Control Act to establish a comprehensive system to control and regulate the cultivation, distribution, transportation, storage, processing, manufacturing, testing, quality control, and sale of regulated psychedelic substances for use in conjunction with regulated psychedelic-assisted therapy. The bill would define “regulated psychedelic substances” to include dimethyltryptamine; mescaline; 3,4-methylenedioxymethamphetamine (MDMA); psilocybin; psilocyn; and spores or mycelium capable of producing mushrooms that contain psilocybin or psilocyn. The bill would establish the Division of Regulated Psychedelic Substances Control in the Business, Consumer Services, and Housing Agency to administer and enforce the act. The bill would require the division to adopt emergency regulations and to take other actions to carry out its duties under the act, including conducting investigations and employing peace officers. The bill would require the division, no later than April 1, 2025, to convene a Regulated Psychedelic Substances Advisory Committee to advise the division and the Board of Regulated Psychedelic Facilitators on the development of standards and regulations that include best practices and guidelines that protect public health and safety. The bill would require the advisory committee, commencing on January 1, 2026, to publish an annual public report that includes, among other things, the advisory committee’s recommendations to the division and whether those recommendations were implemented. The bill would require the division to adopt regulations for the administration and enforcement of laws regulating regulated psychedelic substances and services, including regulations that, among other things, establish categories of licensure and registration, establish requirements governing the safe provision of regulated psychedelic substances to participants, and that establish requirements governing the licensing and operation of psychedelic therapy centers and approved locations, as defined. The bill would require the division, no later than April 1, 2026, to begin to accept and process applications for licensure. The bill would create the Regulated Psychedelic Substances Control Fund within the State Treasury, and would allocate the funds, upon appropriation by the Legislature, to the division for the purposes of implementing, administering, and enforcing the act. The bill would also create the Regulated Psychedelic Substances Education and Harm Reduction Fund, to be available to the Office of Community Partnerships and Strategic Communications, upon appropriation by the Legislature, to award grants for public education and harm reduction relating to psychedelic substances. The bill would authorize the division to accept moneys from private sources to supplement state funds, which may be appropriated by the Legislature to the fund. The bill would make a violation of the act a misdemeanor and subject to a fine of up to $1,000 and forfeiture of a license granted under the act for 3 years. By creating a new crime, the bill would impose a state-mandated local program. The bill would require the division to work with state and local enforcement agencies to implement, administer, and enforce the division’s rules and regulations.(4) This bill would declare that it is the public policy of the people of the State of California that contracts related to the operation of licenses under the Regulated Psychedelic-assisted Therapy Act and the Regulated Psychedelic Substances Control Act shall be enforceable.(5) This bill would make conforming changes to the California Uniform Controlled Substances Act.(6)This bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.(7) This bill would state that its provisions are severable.(8) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.

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MHAC Position: Watch

Author: Eggman

Date: 04/26/2024

This bill would require the State Department of Health Care Services, in consultation with the State Department of Public Health and the State Department of Social Services, and by conferring with specified stakeholders, to develop a solution to collect, aggregate, and display information about beds in specified types of facilities, including licensed community care facilities and licensed residential alcoholism or drug abuse recovery or treatment facilities, to identify the availability of inpatient and residential mental health or substance use disorder treatment. The bill would require the solution to be operational by January 1, 2026, or the date the State Department of Health Care Services communicates to the Department of Finance in writing that the solution has been implemented to meet these provisions, whichever date is later.The bill would require the facilities subject to these provisions to submit accurate and timely data to the solution that includes, among other information, the facility’s license type, whether a bed is available, and the target population served at the facility. The bill would require the solution and information contained in the solution to be maintained in compliance with state and federal confidentiality laws. The bill would also prohibit the solution and information contained in the solution from being publically available.The bill would authorize the State Department of Health Care Services to impose a plan of correction against a facility that failed to comply with the requirements of the solution, and if a facility fails to complete a plan of correction, would further authorize the department to impose civil penalties, subject to an appeal and hearing process. The bill would create the Available Care for Inpatient and Residential Mental Health or Substance Use Disorder Treatment Solution Maintenance and Oversight Fund for the receipt of any penalties. Because the bill would continuously appropriate moneys in the fund to the State Department of Health Care Services for the administrative costs of implementing these provisions, it would create an appropriation.The bill would authorize the State Department of Health Care Services and the State Department of Social Services to enter into exclusive or nonexclusive contracts or amend existing contracts for the purposes of administering or implementing the solution. The bill would exempt contracts entered into or amended or changes to existing information technology systems made pursuant to these provisions from the requirements of the California State Contracts Register, specified requirements for personal services contracts, the State Contract Act, the Statewide Information Management Manual, and the State Administrative Manual. The bill would further exempt these contracts and changes from review or approval by the Department of General Services. The bill would authorize the State Department of Health Care Services to implement, interpret, or make specific these provisions by means of information notices, provider bulletins, or other similar instructions notwithstanding specific regulatory actions.

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MHAC Position: Support

Author: Gonzalez

Date: 09/30/2022

Status: Passed

Medi-Cal managed care plans: Outreach and education: This bill would require a Medi-Cal managed care plan to conduct annual outreach and education to its enrollees regarding the mental health benefits that are covered by the plan, and also to develop annual outreach and education to inform primary care physicians regarding those mental health benefits. The bill would require that the outreach and education efforts be informed by stakeholder engagement and the plan’s population needs assessment, and that the efforts meet cultural and linguistic appropriateness standards and incorporate best practices in stigma reduction. The bill would require DHCS to review and approve annual outreach and education efforts, and to consult with stakeholders to develop the standards for the review and approval. The bill would require DHCS to publish annual reports on its internet website on consumer experience with mental health benefits covered by Medi-Cal managed care plans. The bill would require the department to publish annual reports on its internet website on consumer experience with mental health benefits covered by Medi-Cal managed care plans. The bill would require the reports to include plan-by-plan data, provide granularity for subpopulations, address inequities based on key demographic factors, and provide recommendations.

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MHAC Position: Watch

Author: Menjivar

Date: 04/26/2024

This bill would require, beginning January 10, 2026, and every 3 years thereafter, the State Department of Health Care Services to prepare and submit a cost study to the appropriate fiscal and policy committees of the Legislature. The bill would require the cost study to evaluate all financial and operational costs associated with licensed congregate living health facilities, as specified. The bill would require the department to consult with congregate living health facility providers, patients or families, caregivers, and other relevant parties in preparing the study. The bill would require the department to increase rates for licensed congregate living facilities if a cost study shows an increase above the Consumer Price index for the years between the submitted studies. The bill would authorize the department to adjust rates to maintain patient access if licensed congregate living health facilities can demonstrate that costs have increased in a single year.

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MHAC Position: Watch

Author: Grove

Date: 04/26/2024

This bill, in the case of an incident involving the use of seclusion or behavioral restraints in a short-term residential therapeutic program, would require the facility to provide a description of the incident, in both oral and written forms, to the person subject to the seclusion or behavioral restraint and, as applicable, to the person’s foster parent, guardian, or other authorized representative. The bill would require that the description contain certain information, including the actions taken during the incident and its duration, the rationale for the actions, and the personnel approving and implementing the actions. The bill would require the facility to provide a copy of the written description to the department. This bill would require the State Department of Social Services, by January 1, 2026, to create and post, on its internet website, a public dashboard that is specific to short-term residential therapeutic programs. The bill would require the dashboard to display the above-described data on seclusion or behavioral restraints as applicable to those programs and to display the above-described written descriptions of the incidents. The bill would require the department to update the information on a quarterly basis.Under the bill, copies of the written descriptions and the dashboard would exclude any personally identifiable information, as specified, and the provisions of the bill would be implemented to the extent not in conflict with any applicable federal or state privacy laws.

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Author: Eggman

Date: 04/26/2024

This bill would require the State Department of Health Care Services (DHCS), jointly with the County Behavioral Health Directors Association of California, to implement a certification program to provide augmented services to adults with serious mental illness in homelike community settings, and would require those settings to be licensed by the State Department of Social Services (DSS) as a type of enhanced behavioral supports home known as an augmented residential care facility (ARCF). The bill would require an ACRF to have a maximum capacity of 6 residents, and to conform with the requirements of a specified federal regulation relating to community-based settings and specified provisions of the California Community Care Facilities Act. The bill would require the DHCS to issue a certification of program approval to an ARCF before DSS issues a license. The bill would require the DHCS to establish by regulation a rate methodology for ARCFs that includes a fixed-facility component for residential services and an individualized services and support component based on each consumer’s needs, as specified. The bill would prohibit a local mental or behavioral health agency from paying a rate to an ARCF for a consumer that exceeds the rate in the DHCS-approved ARCF placement plan for the facility unless certain conditions are met. The bill would authorize a local mental or behavioral health agency to recommend an applicant for certification to the DHCS as part of an approved community placement plan if the applicant meets specified requirements. The bill would authorize DHCS to decertify an ARCF that does not comply with program requirements, and to make recommendations to DSS regarding the facility’s license. The bill also would authorize DHCS to initiate proceedings for temporary suspension of the license, as specified. The bill would be implemented only to the extent that funds for its purposes are made available through an appropriation in the annual Budget Act.

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MHAC Position: Oppose

Author: Roth

Date: 09/01/2022

Status: Vetoed

Acute Care Psychiatric Hospital Loan Fund. This bill would establish the California Acute Care Psychiatric Hospital Loan Fund to provide zero interest loans, upon appropriation by the Legislature, to qualifying county or city and county applicants for the purpose of building or renovating acute care psychiatric hospitals or psychiatric units in general acute care hospitals, as defined.

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MHAC Position: Watch

Author: Eggman

Date: 05/19/2022

Status: Died

Facilities for mental health or SUD crisis: database: This bill would require the State Department of Public Health to develop a real-time internet-based database to collect and display information about beds in inpatient psychiatric facilities, crisis stabilization units, residential community mental health facilities, and licensed residential alcoholism or drug abuse recovery or treatment facilities in order to facilitate the identification and designation of facilities for the temporary treatment of individuals in mental health or substance use disorder crisis.

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MHAC Position: Oppose

Author: Eggman

Date: 04/26/2024

This bill would additionally require the determination of a person’s incapacity to refuse treatment with antipsychotic medication to remain in effect for the duration of the additional 14-day period or the additional 30-day period after the 14-day intensive treatment period, or all periods of treatment that are applicable.

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MHAC Position: Oppose

Author: Eggman

Date: 09/27/2022

Status: Passed

Involuntary commitment: intensive treatment: Under existing law, the LPS Act, when a person, as a result of a mental health disorder, is determined to be a danger to themself or others, or is determined to be gravely disabled, that person may, upon probable cause, be taken into custody and placed in a facility for up to 72 hours for evaluation and treatment. Under existing law, if a person is detained for 72 hours under those provisions, and has received an evaluation, the person may be certified for not more than 14 days of intensive treatment. Existing law further authorizes a person to be certified for an additional period of not more than 30 days of intensive treatment if the person remains gravely disabled and is unwilling or unable to accept treatment voluntarily. Existing law requires the person to be released at the end of the 30 days, except under certain circumstances including: 1. The person agrees to receive further treatment on a voluntary basis; 2. the person is the subject of a conservatorship petition; 3. the person is the subject of a petition for post certification treatment of a dangerous person filed pursuant to Article 6 (commencing with Section 5300). This bill would authorize an additional 30-day treatment period if the person is still in need of intensive treatment and the certification for the additional 30-day treatment period has begun.

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MHAC Position: Support

Author: McGuire

Date: 11/30/2022

Status: Died

Mental health workforce grants: This bill would require the department of Health Care Access and Information, in collaboration with the Superintendent of Public Instruction, to establish a grant program to increase the number of mental health professionals serving children and youth. The bill would require the department to award up to 10,000 grants to postgraduate students over a 3-year period in amounts of up to $25,000 each. The bill would prescribe eligibility requirements for the grants, including that the student be enrolled on or after Jan. 1, 2022 in a California postgraduate program at an accredited school or department of social work or enrolled in a specified master’s or doctoral degree postgraduate program. The bill would require the student to make specified commitments, including a commitment to work with an eligible California-based nonprofit entity or a local educational agency for specified required supervised experience hours and a commitment that, upon completion of the postgraduate program, the student satisfies the requirements to become a registered associate clinical social worker, associate professional clinical counselor, or an associate MFT.

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MHAC Position: Oppose

Author: Eggman

Date: 04/26/2024

Existing law, the Lanterman-Petris-Short Act, provides for the involuntary detention and treatment of persons with specified mental health disorders. Under the act, when a person, as a result of a mental health disorder, is a danger to others, or to themselves, or gravely disabled, the person may, upon probable cause, be taken into custody and placed in a facility designated by the county and approved by the State Department of Health Care Services for up to 72 hours for evaluation and treatment. Existing law authorizes specified individuals, including professional persons designated by the county, to determine probable cause and take a person into custody pursuant to these provisions. This bill would authorize a county to designate a professional who is not a county employee or not contracted by the county to perform the above-described functions.

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MHAC Position: Watch

Author: Roth

Date: 04/26/2024

This bill would require the department to establish statewide minimum standards for assistance provided by county call centers to applicants or beneficiaries applying for, renewing, or requesting help in obtaining or maintaining Medi-Cal coverage. The bill would require promulgation of the standards in regulation by July 1, 2026, as specified. The bill would require a county to collect and submit to the department call-center data metrics, including, among other information, call volume, average call wait times by language, and callbacks. By creating new duties for counties relating to call-center data, the bill would impose a state-mandated local program. The bill would require the department to prepare a report, excluding any personally identifiable information, on county call-center data, identifying challenges and targets or standards for improvement. The bill would require the department to post the report on its internet website on a quarterly basis no later than 45 calendar days after the conclusion of each quarter, with the initial report due on May 15, 2025.

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